Garza County Owelty of Partition Deed Form
Last validated July 18, 2026 by our Forms Development Team
Garza County Owelty of Partition Deed Form
Fill in the blank Owelty of Partition Deed form formatted to comply with all Texas recording and content requirements.

Garza County Owelty of Partition Deed Guide
Line by line guide explaining every blank on the Owelty of Partition Deed form.

Garza County Completed Example of the Owelty of Partition Deed Document
Example of a properly completed Texas Owelty of Partition Deed document for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Texas and Garza County documents included at no extra charge:
Where to Record Your Documents
Garza County Clerk - Courthouse
Post, Texas 79356
Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 4:30pm
Phone: (806) 495-4430
Recording Tips for Garza County:
- White-out or correction fluid may cause rejection
- Ask if they accept credit cards - many offices are cash/check only
- Recorded documents become public record - avoid including SSNs
- Make copies of your documents before recording - keep originals safe
- Bring extra funds - fees can vary by document type and page count
Cities and Jurisdictions in Garza County
Properties in any of these areas use Garza County forms:
- Justiceburg
- Post
Hours, fees, requirements, and more for Garza County
How do I get my forms?
Forms are available for immediate download after payment. The Garza County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Garza County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Garza County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Garza County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Garza County?
Recording fees in Garza County vary. Contact the recorder's office at (806) 495-4430 for current fees.
Questions answered? Let's get started!
Texas homestead law turns away nearly every lien a creditor can devise, and an owelty of partition lien is one of the few it admits. Article XVI, Section 50(a)(3) of the Texas Constitution excepts from homestead protection an owelty of partition imposed against the entirety of the property by a court order or by a written agreement of the parties to the partition, including a debt of one spouse in favor of the other resulting from the award of a family homestead in a divorce. This form prepares the deed built on that exception: one co-owner conveys an undivided interest to the other, and the deed retains an owelty of partition lien against the whole property to secure the equalizing payment.
Equality money, secured by the entire property
Owelty is an old word for the money that makes a division equal. When two owners split co-owned real estate and one keeps property worth more than that owner's share, the difference is owed as owelty, and partition law secures it with a lien on the share of greater value. The Texas Supreme Court described the power to award owelty as a necessary incident of partitioning property in Sayers v. Pyland (1942) and confirmed that the lien can arise in a voluntary partition by agreement, not only in a courtroom. What makes the owelty lien unusual is its reach: it attaches to the entirety of the property, including the interest the paying owner already held, and it holds even where the property is the paying owner's homestead.
Why the grantee signs too
Most deeds carry one signature. This one carries two, and the second is where the lien's constitutional footing lives. The exception reaches a lien imposed by a court order or by a written agreement of the parties to the partition, so the deed is drafted as that written agreement: the grantor conveys the undivided interest with a special warranty, retaining the owelty lien, and the grantee joins to agree in writing to the partition and to the imposition of the lien against the entirety of the property, the grantee's own original interest included. The deed provides a place to identify a divorce decree or separate partition agreement, and it states in capital letters that the lien holds until the owelty note is fully paid, at which time the deed becomes absolute.
The paperwork around the deed
The recorded deed travels with companions: the owelty note that states the payment terms, commonly a deed of trust to secure owelty of partition, and, at payoff, a recorded release of lien. Because a properly imposed owelty lien is valid against a homestead, Texas title and lending practice treats the buyout as secured financing rather than a home equity transaction. The deed records with the county clerk of the county where the property is located and carries the confidentiality notice of Property Code Section 11.008 on its first page.
The download includes the deed as a fillable PDF formatted to Texas recording standards, a completed example filled in for a Bexar County divorce fact pattern, and a plain language guide covering each numbered section, the two signature design, and recording. The materials describe the law in general terms and are not legal advice.
Important: Your property must be located in Garza County to use these forms. Documents should be recorded at the office below.
This Owelty of Partition Deed meets all recording requirements specific to Garza County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Garza County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
Get your Garza County Owelty of Partition Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
4.8 out of 5 - ( 4783 Reviews )
Denise L.
February 3rd, 2025
Using the Gift Deed form from Deeds.com, along with the example and instructions thy provided, saved me at least $200 in legal fees and saved me time as well!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Susan M.
July 13th, 2019
I was able to download a lot of forms that I need, will be going back to day to search for records so I can fill in the blanks. A great website for forms - It was easy to find what I needed and download! Thanks!!!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Dan L.
May 31st, 2024
The only suggestion I have is to include sample of putting quitclaim into a revocable trust.
Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.
Shirley R J.
February 5th, 2019
Great website.....fast and easy access!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Karen L.
October 8th, 2021
My card was charged twice in error, I contacted deeds.com and within minutes, the error was corrected! Fast service, thank you deed.com
Thank you!
Cynthia G.
April 16th, 2019
Thank you for this service, very helpful
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Shelleen A.
May 11th, 2022
Very helpful.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
John H.
April 22nd, 2019
Re: Idaho Affidavit of Successor: Decedent's residence may be a state other than Idaho. Death certificate documnet# field is too small.
Thank you for your feedback. We have emailed you an amended document to address your specific needs outlined in your feedback, hope this helps. Have a wonderful day.
Sierra S.
November 30th, 2020
Thank you so much for making this process seemless. We are very pleased with the service.
Thank you!
Gary R.
December 17th, 2022
Very prompt response to my questions.
Thank you!
Ralph L.
April 19th, 2022
Thank you.Very good.
Thank you for your feedback. We really appreciate it. Have a great day!
Karen M.
September 23rd, 2021
I'm not too bright. Ordered one thing when I wanted something else. Deeds staff fixed it for me.
Glad we could help.
Joshua W.
May 9th, 2021
Very efficient and easy to use, worth the price.
Thank you for your feedback. We really appreciate it. Have a great day!
Brenda K R.
October 1st, 2021
Hello, I like how easy the form is to follow. I'm unsure however of how to proceed as what I am trying to do is have my name added to the deed so in event of death I have ownership.
Thank you for your feedback. We really appreciate it. Have a great day!
Richard L.
February 13th, 2021
Thanks for the complete and reasonably priced set of docs. I was specifically looking for and glad to find a current version of a TOD deed following the California extension.
Thank you for your feedback. We really appreciate it. Have a great day!